[WSBAPT] Resolving Potential Conflict Between Will and TODD

[Jeff at bellanddavispllc.com]

Mark,

When I do a TODD, I assume the client is trying to avoid probate all
together.  It works best if there is only one heir.  Make the client name
that heir as POD beneficiary on all financial accounts.  There may be issues
about vehicles, but if the heir is a blood relative, I just transfer it via
the Affidavit of Inheritance provided by the Department of Licensing.

If you see the need to probate, anyway, then I like your proposed language,
but I also agree with the other comment that the TODD probably takes over
the Will, even without the language.  Having said that, if you need to
probate, I believe, and title people can correct me, that title companies
prefer a PR's deed over TODD to insure.

 

Jeff 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Mark Anderson
Sent: Friday, January 26, 2024 10:47 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Resolving Potential Conflict Between Will and TODD

 

Dear All:

Happy Friday!

John owns a parcel of real property.  John has a Will that sets forth the
distribution of his Estate upon his death.  Subsequent to executing that
Will, John executed and caused to be recorded a Transfer on Death Deed for
his real property.  The Grantee under the Transfer on Death Deed is a person
other than someone who would otherwise take under John's Will (i.e., not an
heir or devisee).

As has been discussed before, there appears to be an issue of which takes
precedence: the Will or the Transfer on Death Deed.

In an attempt to proactively address this issue, I drafted the following
language to include in a Codicil to John's Will:

After execution of my Will and prior to the execution of this First Codicil,
I executed and caused to be recorded one or more Transfer on Death Deeds
made pursuant to Chapter 64.80 RCW with respect to certain real property.
It is my desire that any such Transfer on Death Deeds that have not been
revoked supersede a) any contrary provision of my Will, and b) any contrary
effect of RCW 11.04.250 with respect to vesting.

Questions:

Assuming the Codicil to be properly executed and attested to, should this
language be sufficient to overcome the apparent conflict between the Will
and the Transfer on Death Deed?

Would you recommend that the Codicil also include a list and legal
description of each piece of real property?

Any other suggestions or insights?

Thanks.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
 <mailto:marka at mbaesq.com> marka at mbaesq.com
 <http://www.mbaesq.com/> www.mbaesq.com

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